A man who lost an eye after taking a sledgehammer to a bowling ball at work, allegedly ignoring a superior’s orders to “stop” or “knock it off,” may not collect workers’ compensation benefits, the Commonwealth Court has ruled.
The unanimous three-judge panel in Habib v. Workers’ Compensation Appeal Board (John Roth Paving Pavemasters) said that Charles Habib ignored a “positive work order” when he drove the hammer into the ball for a second time, immediately after he was allegedly told to stop. The action chipped a piece of the ball off which flew into Habib’s eye, according to the court’s opinion.
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